Invalid Default Notices

[tamarindo]

Hi

 

A friend of mine received a so called " default Notice " from their agent, Mercers, on July 2006 about a card defaulting.

 

Now it does say

 

 

 

"we act as agents for barclays bank plc trading as barclaycard"

 

It has got written Mercers's name and address, but there is not address for the original creditor which was barclaycard,

so question

(1) should it contain the address for the original creditor

 

question (2)

can an agent for a creditor issued the default notice?

 

Now I am aware that Mercers is part of Barclaycard so does it make legal??

 

mostly appreciate your comment

 

thanks

[vint1954]

Hi

 

A friend of mine received a so called " default Notice " from their agent, Mercers, on July 2006 about a card defaulting.

 

Now it does say

 

 

 

"we act as agents for barclays bank plc trading as barclaycard"

 

It has got written Mercers's name and address, but there is not address for the original creditor which was barclaycard,

so question

(1) should it contain the address for the original creditor

 

question (2)

can an agent for a creditor issued the default notice?

 

Now I am aware that Mercers is part of Barclaycard so does it make legal??

 

mostly appreciate your comment

 

thanks

It is meant to come from the OC and identify the debt. You may have several accounts with one creditor.

[tamarindo]

It is meant to come from the OC and identify the debt. You may have several accounts with one creditor.

 

 

Hi

 

 

It is meant to come from the OC and identify the debt.

 

Thank you for your reply. Sorry did not undertstand it?

 

so where in the Act it is said it should come from the original creditor, bearing in mind mercers is part of Barclays???

 

You may have several accounts with one creditor ... sorry did not undertand it what do you mean???

 

 

[vint1954]

Hi

 

 

It is meant to come from the OC and identify the debt.

 

Thank you for your reply. Sorry did not undertstand it?

 

so where in the Act it is said it should come from the original creditor, bearing in mind mercers is part of Barclays???

 

You may have several accounts with one creditor ... sorry did not undertand it what do you mean???

 

 

The DN has to bear the original creditors name and address.

 

Section of the act is s87 - s88

 

You could have a loan and a credit card with Barclays, so the actual account in default needs to be specified.

[tamarindo]

The DN has to bear the original creditors name and address.

 

Section of the act is s87 - s88

 

You could have a loan and a credit card with Barclays, so the actual account in default needs to be specified.

 

 

Hi thank you for your reply..

 

Basically the address only found are:

 

1) Mercers Debt collections limited PO BOX No 55, liverpool, L32 8XX

 

2 Fax: 0151 549 7997

 

3) Registered Office: citypoint, One Ropemaker street, london EC2Y 9SS

 

4) REGISTERED IN england: 2550639

 

5) it also say literally quote:

 

" we act as agents for Barclays Bank trading as Barclaycard"

 

6) But there is not original creditors address anywhere and not even a name of Barclaycard at the heading of the letter.

 

7) I does say "visa account number and then The number XXXX XXXX XXXX XXXX" WHICH belongs to a barclays card and is the correct

number

 

8) there is NOT barclays address or telephone number and not barclaycard logo anywhere

 

9) Finally it does say "default notice served under section 87(i) of the CCA 1974"

 

So is it vaLID????

Edited January 6, 2010 by tamarindo

[GhostDebt]

Hi Pinky.

 

Hope you had a good xmas and new year.

Did you manage to lodge any of your claims yet?

 

Regards

[diddydicky]

Hi

 

A friend of mine received a so called " default Notice " from their agent, Mercers, on July 2006 about a card defaulting.

 

Now it does say

 

 

 

"we act as agents for barclays bank plc trading as barclaycard"

 

It has got written Mercers's name and address, but there is not address for the original creditor which was barclaycard,

so question

(1) should it contain the address for the original creditor

 

question (2)

can an agent for a creditor issued the default notice?

 

Now I am aware that Mercers is part of Barclaycard so does it make legal??

 

mostly appreciate your comment

 

thanks

 

the act says the creditors name and address

 

and how, pray tell, as a mere mortal LIP are YOU supposed to know that Mercers is a part of Barclays?

[diddydicky]

no it is not valid

 

you just bought a lottery ticket

 

the judge says- "i know what you're thinking punk"

 

you're thinking, " did i know the consumer credit act or didn't I "

 

go on punk, make my day

[C2K]

no it is not valid

 

you just bought a lottery ticket

 

the judge says- "i know what you're thinking punk"

 

you're thinking, " did i know the consumer credit act or didn't I "

 

go on punk, make my day

 

I have bought one too... I have the same situation.

[tamarindo]

no it is not valid

 

you just bought a lottery ticket

 

the judge says- "i know what you're thinking punk"

 

you're thinking, " did i know the consumer credit act or didn't I "

 

go on punk, make my day

 

 

Hi

 

 

Really does it mean?? what I thinking!!! if they take my friend to court he can , wow god save you diddydicky for eternity

 

my friend has been worried to death!!!! but must not be complacent

looking into other issues !!!!

 

reading these links

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1837307

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-652.html#post1794369 .. post 13207

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further.html

 

in case they re-issue the dam DEFAULT NOTICE... and issue court procedures

 

The question does the creditor know about this???

 

should we wait and see???

 

the funny thing they are saying they are going to sell account to a debt collector!!!!

 

 

does It make my mate's day????

 

any comments please

Edited January 6, 2010 by tamarindo

[mommabean]

Hello to everyone reading this thread.

 

Please let me know if I need to make a new thread about this.

 

OK (deep breath) I've been reading these forums for quite a while, built up what I hope is a little bit of knowledge, and I've finally bit the bullet and dug out my old "NatWest Credit Card Fiasco" file...

 

Basically, I had a student credit card with a £250 limit (!) which I managed to default on. I hate the fact that I have a default on my credit file, but I accepted it, it was my own fault. The arrears have been paid and I owe NatWest nothing. My credit file says that the amount has been settled in full, and is just a plain old default that will mess me around for 6 years.

 

HOWEVER, I have just had a look at the original Default Notice that I got back in September 2006. It says:

 

"Please read this Default Notice carefully and send the required payment of £XXX within 14 days of the date on the Notice."

 

The date of the Notice is the same date as the letter.

 

Am I right in thinking that maybe, just maybe, it's invalid, because I should have had 14 days plus 2 days to allow for postage?

 

I'm not looking to get back any money, but it would make my day to know that there's a slight possibility that I could get this removed! (I'm hoping to get a mortgage in a few years' time, a default screws that up completely!)

 

Many thanks to anyone who can advise.

 

-mommabean

[diddydicky]

if you complied with the DN and paid up then i think (could be wrong on this) that you accepted the DN at face value and obviously understood what it meant.

 

you are coming up to 4 years of your "purgatory"

 

personally i would let sleeping dogs lie and see out the other 2 years of your sentence

 

you could potentially be throwing good money after bad

 

also if the credit agreement no longer exists then i think that any money you paid to them outside of what the agreement calls for would be classed as a gift

[egg-sterminator]

Hi thank you for your reply..

 

Basically the address only found are:

 

1) Mercers Debt collections limited PO BOX No 55, liverpool, L32 8XX

 

2 Fax: 0151 549 7997

 

3) Registered Office: citypoint, One Ropemaker street, london EC2Y 9SS

 

4) REGISTERED IN england: 2550639

 

5) it also say literally quote:

 

" we act as agents for Barclays Bank trading as Barclaycard"

 

6) But there is not original creditors address anywhere and not even a name of Barclaycard at the heading of the letter.

 

7) I does say "visa account number and then The number XXXX XXXX XXXX XXXX" WHICH belongs to a barclays card and is the correct

number

 

8) there is NOT barclays address or telephone number and not barclaycard logo anywhere

 

9) Finally it does say "default notice served under section 87(i) of the CCA 1974"

 

So is it vaLID????

Isn't it suposed to be section 87(1) ? Also are the prescibed bits " afforded more prominance than paragraphs around them ?

[frettful38]

I was served with a Default Notice under section 87 (1) of the consumer credit act 1974. The date of the DN is 19th May 09 and I was given up to the 2nd June 09 to remedy the breach.

 

Is this DN valid, as I understand you are suppose to be given 14 days to remedy the breach, but from what date do you start counting the 14 days?

[Pinky69]

You start counting the date from 2 working days after the date on the DN if it was posted 1st Class and 4 working days from the date on the DN if it was posted 2nd class -weekends and Bank Holidays do not count. If there is no proof it wasn't sent 1st Class, then you can assume it was sent 2nd class. The 14 days after the date of receipt is straight days, not working days.

[frettful38]

Thanks pinky69, I do not have the envelope that my DN came in. Either way if it was sent 1st or 2nd class still the dates between the 19/05/09 and 02/06/09 come up to 14 days. No time has been spared for posting.

 

Do you agree with me that I have calculated these dates correct? Do you make it 14 days too? and is this DN valid?

 

Thanks in advance.

[vint1954]

Isn't it suposed to be section 87(1) ? Also are the prescibed bits " afforded more prominance than paragraphs around them ?

i is the roman numeral for one

[vint1954]

Thanks pinky69, I do not have the envelope that my DN came in. Either way if it was sent 1st or 2nd class still the dates between the 19/05/09 and 02/06/09 come up to 14 days. No time has been spared for posting.

 

Do you agree with me that I have calculated these dates correct? Do you make it 14 days too? and is this DN valid?

 

Thanks in advance.

Invalid, due to no time for service.

[frettful38]

Invalid, due to no time for service.

 

 

Thanks vint1954 for clearing that up. hope your doing well this snowy day.

 

If it is invalid what are my options please?

[vint1954]

Thanks vint1954 for clearing that up. hope your doing well this snowy day.

 

If it is invalid what are my options please?

You have to wait until they terminate. Do not mention it to them yet.

[beachcomber60]

Vint seeing your online, I've been following this thread for sometime.

 

OH has a C1 account with the infamous 'faulty' DN the account was then terminated, however, not knowing what we now have learnt from this forum Oh continued sending payments to C1 for a few months until we finally witheld payments due to the cca request.

 

Account now 'sold' to a dca, how does OH stand in reklation to the DN & TN?

 

Cheers

 

'B'

[vint1954]

Vint seeing your online, I've been following this thread for sometime.

 

OH has a C1 account with the infamous 'faulty' DN the account was then terminated, however, not knowing what we now have learnt from this forum Oh continued sending payments to C1 for a few months until we finally witheld payments due to the cca request.

 

Account now 'sold' to a dca, how does OH stand in reklation to the DN & TN?

 

Cheers

 

'B'

If the account has been sold or terminated, then the faulty DN stands. As a layperson, you cannot be expected to understand the ramifications of their actions. Until you receive advice;-)

 

Usually, you need to accept their unlawful recission of contract.

 

Here is a letter that you may or may not have sent at the time!

Account in serious dispute. Unlawful Rescission

Dear xxxxxxxxxxxx,

Re account no xxxxxxxxxxxxxxxxxxxx

I refer to your Default Notice dated xxxxxxx, received by me on xxxxxxxxx and your subsequent letter of termination, xxxxxxx 2009, received xxxxxxxx 2009, in which you confirm that you had in fact terminated the above agreement

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, your action on 19th May, confirming that you had in fact terminated the agreement, resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. These actions by you, have resulted in you unlawfully rescinding the alleged agreement.

 

I accept your unlawful rescission of the agreement and I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

Yours sincerely

[beachcomber60]

Thanks Vint,

 

Suppose its too late to send C1 that letter with 'After taking advice ...'

[vint1954]

How long ago was the DN

[beachcomber60]

DN Sept 08

 

TN Oct 08

 

No Payments since Feb 09